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Abstract: 

Usually when age becomes an issue in a legal case, it is related to a young offender and the desirability of avoiding stigmatizing him with a certain conviction so that he has every opportunity, as he grows, to be a contributing member of society. Recently, discussions about defendants “of a certain age” have revolved around elderly offenders— specifically elderly sex offenders— and the alternatives that should (or should not) be applied to them. For example, the MnSOST-R (the Minnesota Sex Offender Screening Tool-Revised), which is among the chief tools used to evaluate sex offenders, gives subjects over the age of 30 a negative one score, indicating a decreased risk of reoffense. Should elderly sex offenders be subject to the same sentencing as their younger counterparts? How much risk is there of elderly offenders recidivating?

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Affiliations:  1: Fordham Law School.